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HomeMy WebLinkAbout07. Authorize the General Manager to amend a professional consulting services agreement in an amount of $116,000 with Zentner Planning and Ecology, increasing the agreement cost ceiling to $268,000 for long-term outfall programmatic permitting support anDCENTRALSAN MEETING DATE: JUNE 1, 2023 BOARD OF DIRECTORS POSITION PAPER Page 1 of 3 Item 7. SUBJECT: AUTHORIZE THE GENERAL MANAGER TO AMEND A PROFESSIONAL CONSULTING SERVICES AGREEMENT IN AN AMOUNT OF $116,000 WITH ZENTNER PLANNING AND ECOLOGY, INCREASING THE AGREEMENT COST CEILING TO $268,000 FOR LONG-TERM OUTFALL PROGRAMMATIC PERMITTING SUPPORTAND AS -NEEDED BIOLOGICAL SERVICES SUBMITTED BY: INITIATING DEPARTMENT: RITA CHENG, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES - ERC -REGULATORY COMPLIANCE REVIEWED BY: LORI SCHECTEL, ENVIRONMENTALAND REGULATORY COMPLIANCE DIVISION MANAGER EDGAR J. LOPEZ, PROVISIONAL DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey General Manager ISSUE Board authorization is required for the General Manager to execute a revision to an agreement in an amount greater than $100,000. BACKGROUND The Central Contra Costa Sanitary District (Central San) operates a 3.5 -mile, 72 -inch reinforced concrete outfall pipeline (outfall). The outfall, constructed in 1958, runs primarily underground for nearly 19,000 feet and has a submarine section that is about 1,700 feet long. Above the shoreline portion of the outfall, an unvegetated, tidal mudflat extends approximately 1,000 feet from the shore and into Suisun Bay. Central San's National Pollutant Discharge Elimination System permit requires proper maintenance of the outfall pipeline. Every five to ten years, Central San conducts routine outfall maintenance work that requires dewatering of the outfall for inspections and repairs before returning it to service. Central San also June 1, 2023 Regular Board Meeting Agenda Packet - Page 63 of 165 Page 2 of 3 maintains a variety of infrastructure associated with the outfall, including maintenance structures, access risers, air relief valves, cathodic protection systems, inclinometers, and leveling monuments. The outfall lies within areas of sensitive habitat for special status species, which would require approval from resource agencies to execute construction. In 2020, the Outfall Improvements, Phase 7, District Project (DP) 7353, completed a full internal inspection and survey of the pipeline as well as necessary repairs and improvements. In 2022, the Outfall Monitoring Improvements, DP 100018 replaced or constructed new inclinometers and leveling monuments and completed additional minor maintenance work that was not completed in 2020. Each round of maintenance work requires coordination with various resource agencies to obtain necessary approval and/or permits, as well as required reporting and inspections. The agencies include, but are not limited to, the San Francisco Bay Regional Water Quality Control Board, United States Army Corps of Engineers, United States Fish and Wildlife Service, and California Department of Fish and Wildlife. Central San and its biological consultant started to prepare for the applicable permit applications more than a year prior to the commencement of the 2020 and 2022 outfall improvements. Preparation work included biological surveys for sensitive species and habitat, jurisdictional delineations, drafting permit applications, and evaluating potential project impacts and related mitigation on protective species and habitat. Following permit application submittals, further coordination was required with the permitting agencies to conduct site visits as well as to finalize the permit conditions, payments, and follow-up submittals. There were over 120 permit requirements Central San were subject to before, during, and after construction. Due to the extensive efforts involved in obtaining permit applications, Central San is considering longer- term programmatic permits, or routine maintenance agreements, that would cover multiple routine maintenance projects that Central San would complete at different time periods during the term of the agreement. These programmatic permits would describe and regulate the potential routine required work and its biological impacts, as well as potentially save both Central San and permitting agencies' resources by eliminating the need to permit each routine maintenance project on the outfall. The duration of the long- term programmatic permits may range up to ten or more years depending on the resource agency. Additionally, provided that permit and site conditions do not drastically change, renewing these programmatic permits would be more streamlined than initiating a new permit application process for each outfall improvements project due to reduced interagency coordination and site evaluations. This agreement extension with Zentner Planning and Ecology (Zentner) would cover remaining regulatory requirements from the 2022 outfall work. In addition, it would include biological resource assessments, evaluating potential impacts and mitigation, coordination with various state and federal agencies, completing the required permit applications, and as -needed biological consulting services. A formal Request for Proposal was issued by the Capital Projects Division to select Zentner for the original work. The selection followed an internal evaluation panel comparing 11 different proposals. ALTERNATIVES/CONSIDERATIONS Central San staff could continue the process of filing new permit applications with all required resource agencies well before each round of outfall maintenance work. Staff does not recommend this moving forward as the process is time consuming and may negatively impact construction due to lengthy permitting processes. Also, permit conditions for the 2022 outfall work stipulate various requirements through 2023. Central San will not be able to address those requirements before the current contract expires. June 1, 2023 Regular Board Meeting Agenda Packet - Page 64 of 165 Page 3 of 3 FINANCIAL IMPACTS The existing Agreement No. 32060 with Zentner has a cost ceiling of $152,000. The amendment would add $116,000 to the existing agreement and extend the duration to July of 2026. This amendment would bring the agreement cost ceiling total to $268,000. This amendment will be capitalized under the Treatment Plant Planning, DP 7363. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this subject at the meeting on May 17, 2023 and recommended Board approval. RECOMMENDED BOARD ACTION Authorize the General Manager to amend a professional consulting services agreement in an amount of $116,000 with Zentner Planning and Ecology, increasing the agreement cost ceiling to $268,000 for long- term outfall programmatic permitting support and as -needed biological services. Strategic Plan re -In GOAL TWO: Environmental Stewardship Strategy 1 - Achieve compliance in all regulations GOAL SIX: Infrastructure Reliability Strategy 1 - Manage assets optimally June 1, 2023 Regular Board Meeting Agenda Packet - Page 65 of 165